Blanco v. Thiry et al

Filing 8

ORDER DENYING 6 Motion to Appoint Counsel signed by Magistrate Judge Stanley A. Boone on 11/13/2013. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MANUEL A. BLANCO, 12 13 14 15 Plaintiff, v. KENT THIRY, et al, 1:13-cv-01235-SAB (PC) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (ECF No. 6) Defendant. 16 17 On November 12, 2013, Plaintiff filed a motion seeking the appointment of counsel. 18 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. Rowland, 19 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require an attorney to represent 20 plaintiff pursuant to 28 U.S.C. ' 1915(e)(1). Mallard v. United States District Court for the 21 Southern District of Iowa, 490 U.S. 296, 298, 109 S.Ct. 1814, 1816 (1989). However, in certain 22 exceptional circumstances the court may request the voluntary assistance of counsel pursuant to 23 section 1915(e)(1). Rand, 113 F.3d at 1525. 24 Without a reasonable method of securing and compensating counsel, the court will seek 25 volunteer counsel only in the most serious and exceptional cases. In determining whether 26 Aexceptional circumstances exist, the district court must evaluate both the likelihood of success of 27 the merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the 28 complexity of the legal issues involved.@ Id. (internal quotation marks and citations omitted). 1 1 In the present case, the court does not find the required exceptional circumstances. Even if 2 it is assumed that plaintiff is not well versed in the law and that he has made serious allegations 3 which, if proved, would entitle him to relief, his case is not exceptional. Plaintiff alleges an 4 Eighth Amendment claim against several defendants for denying him appropriate medical 5 attention. The legal issues present in this action are not complex, and Plaintiff has thoroughly set 6 forth his allegations in the complaint. However, at this early stage in the proceedings, the court 7 cannot make a determination that Plaintiff is likely to succeed on the merits, and based on a 8 review of the record in this case, the court does not find that plaintiff cannot adequately articulate 9 his claims. Id. 10 11 For the foregoing reasons, Plaintiff=s motion for the appointment of counsel is HEREBY DENIED, without prejudice. 12 13 14 IT IS SO ORDERED. Dated: November 13, 2013 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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